QuestionsQuestions (Republic Act No. 9255)
RA 9255 amends Article 176 to allow illegitimate children to use the surname of their father under specified conditions, and it retains the rule that illegitimate children are under the parental authority of the mother and are entitled to support.
Illegitimate children shall use the surname and be under the parental authority of their mother.
If filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when the father makes an admission in a public document or a private handwritten instrument.
Express recognition reflected in the record of birth in the civil register.
An admission made by the father in a public document or in a private handwritten instrument.
Yes, the amended Article 176 provides entitlement if the admission is made in the manner required (public document or private handwritten instrument) and filiation is recognized as contemplated by the provision.
The father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.
No. The statute states the father must institute the action during his lifetime.
It provides that the legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
No. The general rule remains that illegitimate children are under the parental authority of their mother.
They are repealed or modified accordingly through the Act’s repealing clause.
Fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.
Yes. Section 1 specifically amends Article 176 of Executive Order No. 209 (Family Code).
The record of birth appearing in the civil register.
A private handwritten instrument (or a public document).
It balances the general rule on illegitimate children’s surname with circumstances where the father has expressly recognized filiation, allowing use of the father’s surname.